I 130 /CR1
Hello, I need legal clarification regarding a potential CR1 visa case.
I entered the U.S. in March 2024 on ESTA (90 days). I stayed beyond the authorized period and filed an asylum application about 106 days after entry. The asylum case remained pending for over a year and was never denied before I voluntarily left the U.S. and confirmed my departure with CBP.
I am now married to a U.S. citizen and planning to apply for a CR1 visa.
My questions:
Do I trigger any 3-year or 10-year unlawful presence bar in this situation?
Does a pending asylum application stop unlawful presence accrual in my case?
Could this history create issues at the CR1 consular interview even without a formal bar?
Looking for input from immigration attorneys or experienced cases. Thank you.